DINESH PALYEKAR Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal is by the accused, who has been convicted and sentenced under Section 20(b)(ii) (B) of the Narcotic Drugs and Psychotropic Substances Act, 1985, ('Act' for short), for having been found in illegal possession of 505 gms of charas.

(2.) The accused was charged and tried under the said Section on the allegation that he was found in possession of the said charas near Primary Health Centre, Candolim, on 22-12-2001 between 20.00 hours to 23.45 hours. The case of the accused was that he was falsely implicated. The prosecution examined eight witnesses to support the charge. The learned Special Judge, upon consideration of the evidence led by the prosecution, noted that there were some discrepancies in the evidence of the Investigating Officer/ P. W. 4 and also in the evidence of Police Inspector Shri Paes /P. W. 7 but they were such as not to create any doubt and that from the evidence produced, the prosecution had established that the accused was found in illegal possession of the said charas and, therefore, proceeded to convict and sentence the accused as aforesaid.

(3.) The case of the prosecution as set out by the Investigation Officer PSI Shri Mardolkar /P. W. 4, was that on 22-12-2001, at about 17.00 hours, he had received specific and reliable information through his sources that one local person of about 26 years of age, medium built, wheatish complexion, wearing a gold stud in his left ear and driving a white colour Trax bearing registration No. GA-01 V-3801, would come to deliver the consignment of charas near Primary Health Centre, Candolim, between 7.30 to 8.30 p.m., which information he reduced into writing and copy of the same was handed over to Dy. SP D' Souza/P. W. 6, along with the letter which information was acknowledged by him, and thereafter, he secured the presence of the panchas through Constable Paes, Buckle No. 3916, and who returned with two panchas at about 6.00 p.m., namely, Nilesh Talwadkar/ P. W. 3 and Santosh Mandrekar, to whom he explained about the reliable information received by him, etc., and thereafter they left the Police Station along with the said two panchas in police jeeps along with Dy. SP D'Souza /P. W. 6, PI Paes/P. W. 7, PSI Menezes /P. W. 5 and other constables and while proceeding, they carried with them the seal of ANC (Anti Narcotic Cell), Police Station, Panji, Goa-3, with Ashoka Emblem, kit box containing weighing, packing and sealing materials and a typewriter and reached near Primary Health Centre, Candolim, at about 7.05 p.m., and after parking the vehicle by the side of the said Primary Health Centre, they alighted and concealed their presence in four groups and at about 7.45 p.m., they saw a white colour Trax bearing said number, coming from the beach side towards the Primary Health Centre, and accordingly, they stopped the said vehicle and the description of the driver tallied with the information received by him and thereafter he identified himself to the person who was driving the said jeep and upon asking his name, he gave it as Dinesh S/o. Pandurang Palyekar and his address, and thereafter, he introduced both the panchas and the members of the raiding party to the accused and told the accused about the receipt of the reliable information and that he wanted to take his personal search as well as that of the Jeep and told the accused that he had a right to be searched in the presence of a Gazetted Officer or a Magistrate of his choice but he declined the offer. He further stated that he told the accused that he had a right to search the members of the raiding party including the panchas and he declined the offer and the accused was made to get down from the jeep and after the accused got down, he took the personal search of the accused and from his right side pocket, he found a packet wrapped in light yellowish colour tape and after the said tape was opened at one end, he saw black colour substance in cylindrical shape wrapped in transparent polythene bag and after he smelt the same, he suspected it to be charas, which substance he weighed along with the polythene bag and found it to be 505 grams, which substance, he then put in an envelope, packed and sealed, and he took down the signatures of both the panchas and he also signed it but the accused refused to sign. He stated that he also found a leather purse having an emblem in the left hand side pant pocket and upon opening the same, he found cash of Rs. 250/- in different denominations, a driving licence and the same was put in an envelope and duly packed and sealed and signed as before and the accused refused to sign the same. He stated that he also conducted the search of the jeep but nothing incriminating was found and that he did not attach the clothes of the accused because the accused had no other clothes to wear and that he informed the accused that possession of charas was an offence and asked him to produce whatever legal documents he had to support his possession but the accused could not produce any such document and since the accused did not produce any documents, the accused was taken in custody. He stated that the panchanama of seizure was completed at 23.45 hours and then he drew a seizure report which he and the panchas signed but the accused refused to sign. He stated that he then prepared a letter addressed to the Police Inspector, ANC Police Station, regarding handing over the muddemal property and also the seal of the said Police Station for safe custody. He stated that the letter to the laboratory (Exhibits 10/14) was prepared by him at the Police Station and submitted to the said Police Inspector of ANC Police Station and after the return to the Police Station, along with the seized property, he filed the complaint (Exhibit 26) and registered the offence under Crime No. 19/01 and then handed over the muddemal property along with the seal to Police Inspector of ANC Police Station for safe custody. He also stated that he had prepared the letter to the Laboratory (Exhibit 10), before handing over the seal to the Police Inspector vide his letter exhibit 25 and, thereafter, he signed the intimation under Section 57 of the Act and then, he prepared a forwarding letter to the Superintendent of Police (Exhibit 13), which he prepared on the spot. He clarified himself that his earlier statement that the said letter to the Laboratory, (The Director, Food and Drugs Administration, Panaji, Goa-Exhibit 10), was prepared at the Police Station, was not correct and that only the outward number to the same was given at the Police Station.